SERVICE ANIMALS

The Americans With Disabilities Amendments Act (ADA) and ND Law (ND Century Code, Sec 25-13) allow service animals to accompany persons with disabilities on the UND campus. ADA defines "service animal" (sometimes called "assistance animal" by members of the public) as:

"…any animal individually trained to do work or perform tasks for the benefit of an individual with a disability. Tasks typically performed by service animals include guiding people with impaired vision, alerting individuals with impaired hearing to the presence of intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or retrieving dropped items.” (ADA Title III- 4.2300)

If an animal meets this definition, it is considered a service animal regardless of whether it has been licensed or certified by a state or local government or a training program.

The service animal is always with the partner. Many service animals wear a harness, cape or backpack, but some have only a leash. It may be possible to discern that an animal is a service animal from the partner's disability, but some disabilities are not visible. You may have to rely on the verbal statement of the partner/handler. Persons with service animals may be asked to answer the following questions in order to establish that their animals are service animals protected under the law:

1. Do you have a disability for which this animal provides a service?
2. What tasks of daily living does this animal perform?

See Appendix B for examples of how to identify a service animal.

The following do not meet the federal definition of “Service Animals” and are therefore not covered under the law:

Pet, companion, comfort or protection animals are not service animals. Animals kept for pleasure, companionship or feeling safe are not considered disability related and are not permitted in University facilities (See "Animals on Campus" in the UND Safety and Loss Control Manual: http://www.safety.und.edu/policy/manual/general/general.html#animals

Therapy animals do not assist people with disabilities in activities of daily living or accompany them at all times.

Grievance - Any student dissatisfied with a decision made concerning a service animal should follow the applicable UND grievance procedure in the Code of Student Life, Appendix I-1.

Requirements of Service Animals and Their Partner/Handlers

The care and supervision of a service animal is the responsibility of the individual with a disability. The partner or handler must be in full control of the animal at all times, and the animal must behave properly in public settings. The partner of an unruly or disruptive animal, e.g., barking, running around, disobeying commands, may be asked to remove the animal from University facilities.

The animal is expected to have the appropriate vaccination, licensing and owner ID tags required in the city of Grand Forks

The partner is expected to immediately clean up after the animal defecates. Fines for this violation are established by UND Housing or Facilities.

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Appendix B

Examples to assist with determining service animal status:

1. Student with no visible disability arrives on campus with an Irish Setter on an ordinary lead;
2. Student in a wheelchair arrives on campus with a Siamese Cat in a cat harness;
3. Student with apparent visual impairment arrives on campus with a dog in a guide harness.

In the first example, there is no evidence the dog is a service animal for two reasons: (a)There is no evidence that the student has a disability. (b)There is no evidence that the dog has been trained to perform any task. It is therefore permissible to inquire whether the student has a disability, and if so, what task the dog has been trained to perform. If the answers do not meet the standards set in the federal definition of service animal, the partner or handler could be asked to bring appropriate evidence establishing that he/she is a person with a disability and that the dog has been trained (whether by a third party or the student) to perform a task the student’s disability prevents him/her from doing.

In the second example, it is obvious that the student has a disability, but there is still no evidence that the cat is a service animal. It is therefore permissible to ask what task the cat has been trained to perform. If the answer is not satisfactory, appropriate evidence establishing that the cat has been trained (whether by a third party or by the student) to perform a specific task can be required.

In the third example, the student appears to have a disability, and the dog appears to be a service animal. Therefore, there is no reason to inquire further or to ask the student to register with anyone.

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